[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 358 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 358

 To amend title 23, United States Code, to modify the distribution of 
 funds under the tribal transportation program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 23, 2021

 Mr. Thune (for himself and Ms. Sinema) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 23, United States Code, to modify the distribution of 
 funds under the tribal transportation program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal Transportation Equity and 
Transparency Improvement Act of 2021''.

SEC. 2. TRIBAL TRANSPORTATION PROGRAM.

    (a) In General.--Section 202 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(9)(A), by striking ``construction and 
        improvement'' and inserting ``construction, improvement, and 
        highway safety'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking subparagraph (D) and 
                        inserting the following:
                    ``(D) Additional facilities.--
                            ``(i) In general.--Not later than 270 days 
                        after the date of enactment of the Tribal 
                        Transportation Equity and Transparency 
                        Improvement Act of 2021, and not less 
                        frequently than every 3 years thereafter, the 
                        Secretary of the Interior shall publish in the 
                        Federal Register a notice requesting proposals 
                        from Indian tribes to include additional 
                        transportation facilities that are eligible for 
                        funding under the tribal transportation program 
                        in the inventory described in subparagraph (A), 
                        if those proposed additional facilities are 
                        included in the inventory in a uniform and 
                        consistent manner nationally.
                            ``(ii) Rule of construction.--Nothing in 
                        this subparagraph--
                                    ``(I) prohibits the Secretary of 
                                the Interior from including in the 
                                inventory under subparagraph (A) 
                                additional transportation facilities 
                                more frequently than required under 
                                clause (i), including, as necessary, in 
                                response to a proposal from an eligible 
                                Indian tribe submitted during a period 
                                not described in the notice under 
                                clause (i); or
                                    ``(II) requires Indian tribes to 
                                submit proposals to the Secretary of 
                                the Interior in response to the notice 
                                required under clause (i).''; and
                            (ii) by adding at the end the following:
                    ``(F) Public availability.--The Secretary of the 
                Interior shall ensure that all non-confidential 
                information within the inventory described in 
                subparagraph (A) is made available--
                            ``(i) in a user-friendly manner on the 
                        public website of the Department of the 
                        Interior; and
                            ``(ii) in a manner capable of being 
                        searched and downloaded by users of the public 
                        website of the Department of the Interior.''; 
                        and
                    (B) in paragraph (3)(B), in the matter preceding 
                clause (i), by striking ``fiscal year 2012'' and 
                inserting ``the most recent fiscal year for which data 
                is available'';
            (3) in subsection (c)--
                    (A) in paragraph (3)--
                            (i) in subparagraph (A), by striking ``; 
                        and'' at the end and inserting a period;
                            (ii) by striking subparagraph (B); and
                            (iii) in the matter preceding subparagraph 
                        (A), by striking ``shall be--'' and all that 
                        follows through ``selected by'' in subparagraph 
                        (A), and inserting ``shall be selected by''; 
                        and
                    (B) by adding at the end the following:
            ``(4) Nationally significant federal lands and tribal 
        projects program.--Notwithstanding any other provision of this 
        section, amounts made available to Indian tribes under 
        subsection (b)(3) may be used for planning and design 
        activities related to applications for grants under the 
        nationally significant Federal lands and tribal projects 
        program under section 1123 of the FAST Act (23 U.S.C. 201 note; 
        Public Law 114-94).''; and
            (4) in subsection (e)(2), by striking ``as appropriate,'' 
        and inserting ``subject to subsection (a)(9),''.
    (b) Inspector General Review.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Inspector General of the Department 
        of Transportation and the Inspector General of the Department 
        of the Interior shall jointly begin an audit of the tribal 
        transportation program under section 202 of title 23, United 
        States Code (referred to in this section as the ``program'').
            (2) Review.--The audit under paragraph (1) shall include--
                    (A) a review of the data collection and management 
                processes used by the Secretary of the Interior in 
                maintaining the national inventory of tribal 
                transportation facilities under section 202(b)(1) of 
                title 23, United States Code; and
                    (B) a review of the administration of the program, 
                including whether--
                            (i) funding under the program is 
                        distributed in a timely manner that is 
                        consistent with statutory and regulatory 
                        requirements; and
                            (ii) the current procedures and practices 
                        used by the Secretary of the Interior to 
                        allocate funding for tribal transportation 
                        facilities (as defined in section 101(a) of 
                        title 23, United States Code) under the program 
                        are transparent and consistently applied.
            (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Inspector General of the Department 
        of Transportation and the Inspector General of the Department 
        of the Interior shall jointly submit a report describing the 
        results of the audit under paragraph (1) to--
                    (A) the Committee on Environment and Public Works 
                of the Senate;
                    (B) the Committee on Indian Affairs of the Senate;
                    (C) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    (D) the Committee on Natural Resources of the House 
                of Representatives.
    (c) Comptroller General Review.--
            (1) In general.--The Comptroller General of the United 
        States (referred to in this subsection as the ``Comptroller 
        General'') shall initiate an audit of the program.
            (2) Review.--The audit under paragraph (1) shall include an 
        examination of--
                    (A) the funding formula of the program under 
                section 202(b)(3) of title 23, United States Code, 
                including key decisions made over time that have 
                affected the methods used to determine tribal shares of 
                program funds;
                    (B) whether, for purposes of allocating funding 
                under section 202 of title 23, United States Code, the 
                allocation methodology under subpart D of part 1000 of 
                title 24, Code of Federal Regulations (as in effect on 
                the date of enactment of this Act), provides an 
                accurate and reliable estimate of tribal population;
                    (C) potential alternatives to the methodology 
                described in subparagraph (B) for purposes of 
                allocating funding under section 202 of title 23, 
                United States Code;
                    (D) how the Secretary of the Interior ensures 
                that--
                            (i) the program is consistently 
                        administered; and
                            (ii) program decisions are transparently 
                        and consistently made; and
                    (E) the potential effects of having the program 
                administered solely by the Secretary of the Interior or 
                the Secretary of Transportation.
            (3) Report.--Not later than 540 days after the date of 
        enactment of this Act, the Comptroller General shall submit a 
        report describing the results of the audit under paragraph (1) 
        to--
                    (A) the Committee on Environment and Public Works 
                of the Senate;
                    (B) the Committee on Indian Affairs of the Senate;
                    (C) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    (D) the Committee on Natural Resources of the House 
                of Representatives.
    (d) Obligation Limitations.--Notwithstanding section 1102(a) of the 
FAST Act (23 U.S.C. 104 note; Public Law 114-94) or any other provision 
of law providing a limitation on obligations for Federal-aid highway 
and highway safety construction programs for a fiscal year, amounts 
made available to carry out the tribal transportation program under 
section 202 of title 23, United States Code, for a fiscal year shall 
not be subject to the obligation limitation for that fiscal year.

SEC. 3. TRANSPORTATION FACILITY ELIGIBILITY.

    (a) Definitions.--In this section:
            (1) Inventory.--The term ``inventory'' means the national 
        inventory of tribal transportation facilities under section 
        202(b) of title 23, United States Code.
            (2) Proposed road.--The term ``proposed road'' means a 
        proposed road or facility (as defined in section 170.5 of title 
        25, Code of Federal Regulations (as in effect on the date of 
        enactment of this Act)) that is a road, including a primary 
        access route (as defined in that section).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Deadline.--Not later than 180 days after the date of enactment 
of this Act, and not less frequently than every 3 years thereafter, the 
Secretary and the Secretary of Transportation shall require each Indian 
tribe that intends to include a proposed road in the inventory to 
complete and submit for approval the documentation and other 
information required under section 170.443(a) of title 25, Code of 
Federal Regulations (as in effect on November 6, 2019), for the 
proposed road.
    (c) Report.--
            (1) In general.--Not later than 180 days after each 
        deadline described in subsection (b), the Secretary shall 
        submit to the Committee on Indian Affairs of the Senate and the 
        Committee on Natural Resources of the House of Representatives 
        a report describing the proposed roads approved to be included 
        in the inventory.
            (2) Requirements.--Each report under paragraph (1) shall 
        include, for each Indian reservation, Alaska Native village, or 
        other recognized Indian community (including former Indian 
        reservations in the State of Oklahoma)--
                    (A) the mileage of proposed roads included in the 
                inventory before the deadline described in subsection 
                (b);
                    (B) the mileage of proposed roads approved to be 
                included in the inventory on the basis of the 
                documentation and other information submitted under 
                subsection (b); and
                    (C) an estimate, based on the documentation and 
                other information submitted under subsection (b), of 
                the construction and maintenance costs of the proposed 
                roads described in subparagraph (B).

SEC. 4. TRIBAL HIGHWAY SAFETY PARTNERSHIPS.

    Section 402 of title 23, United States Code, is amended--
            (1) in subsection (b)(1)(C), by striking ``by'' and 
        inserting ``by, or on behalf of,''; and
            (2) in subsection (h)(2)--
                    (A) by striking ``Notwithstanding'' and inserting 
                the following:
                    ``(A) In general.--Notwithstanding''; and
                    (B) by adding at the end the following:
                    ``(B) Cooperation.--In accordance with section 
                202(a)(9)(A), an Indian tribe may use amounts described 
                in subparagraph (A) in cooperation with States, 
                counties, and other local subdivisions for highway 
                safety purposes.''.

SEC. 5. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS 
              PROGRAM.

    Section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114-
94) is amended--
            (1) in subsection (c)(3), by inserting ``for a project that 
        is to be carried out by an eligible entity that is not an 
        Indian tribe,'' before ``having an''; and
            (2) in subsection (g)(1)--
                    (A) by striking ``shall be up to'' and inserting 
                the following: ``shall be--
                    ``(A) for a project carried out by an Indian tribe, 
                up to 100 percent; and
                    ``(B) for a project not described in subparagraph 
                (A), up to''.

SEC. 6. TRIBAL TRANSPORTATION ADVISORY COMMITTEE.

    (a) Establishment.--Subject to the availability of appropriations, 
not later than 180 days after the date of enactment of this Act, the 
Secretary of the Interior (referred to in this section as the 
``Secretary'') shall establish within the Bureau of Indian Affairs a 
committee, to be known as the ``Tribal Transportation Advisory 
Committee'' (referred to in this section as the ``Committee''), which 
shall replace the Tribal Transportation Program Coordinating Committee 
established under sections 170.135 through 170.137 of title 25, Code of 
Federal Regulations (as in effect on the date of enactment of this 
Act).
    (b) Membership.--
            (1) In general.--The Committee shall be composed of--
                    (A) the Secretary (or a designee);
                    (B) representatives of a diverse group of Indian 
                tribes, including--
                            (i) not fewer than 1 tribal representative 
                        from each region of the Bureau of Indian 
                        Affairs; and
                            (ii) not more than 3 tribal representatives 
                        from any 1 region of the Bureau of Indian 
                        Affairs;
                    (C) State and local representatives;
                    (D) not fewer than 1 representative of the Bureau 
                of Indian Affairs;
                    (E) not fewer than 1 representative of the 
                Department of Transportation; and
                    (F) other members, as determined to be appropriate 
                by the Secretary in consultation with the Committee.
            (2) Appointment.--The Secretary shall appoint each member 
        of the Committee.
            (3) Chairperson.--The Secretary (or a designee) shall serve 
        as chairperson of the Committee.
    (c) Terms.--Except for the Secretary, each member of the Committee 
shall serve for a term of 3 years.
    (d) Vacancies.--Any vacancy occurring in the membership of the 
Committee--
            (1) shall be filled in the same manner as the original 
        appointment was made; and
            (2) shall not affect the power of the remaining members to 
        carry out the duties of the Committee.
    (e) Duties.--
            (1) In general.--The Committee shall--
                    (A) regularly provide advice to the Secretary on 
                and, subject to the discretion of the Committee, study 
                issues relating to tribal transportation, including--
                            (i) the tribal transportation program under 
                        section 202 of title 23, United States Code, 
                        including--
                                    (I) the funding formula used to 
                                determine tribal shares under the 
                                tribal transportation program; and
                                    (II) the national tribal 
                                transportation facility inventory 
                                established under subsection (b)(1) of 
                                that section;
                            (ii) the road maintenance program managed 
                        by the Bureau of Indian Affairs;
                            (iii) grants awarded to Indian tribes for 
                        public transportation using amounts made 
                        available under section 5311(c)(1) of title 49, 
                        United States Code;
                            (iv) transportation safety within tribal 
                        reservations, including--
                                    (I) traffic safety; and
                                    (II) safety partnerships with 
                                Federal, State, and local authorities;
                            (v) the availability of transportation 
                        funding in the event of a natural disaster; and
                            (vi) any other policies or procedures 
                        related to tribal transportation, as determined 
                        by the Committee; and
                    (B) carry out the duties of the Tribal 
                Transportation Program Coordinating Committee 
                established under sections 170.135 through 170.137 of 
                title 25, Code of Federal Regulations (as in effect on 
                the date of enactment of this Act).
            (2) Best practices and recommendations.--The Committee may, 
        on a periodic basis, develop and present to the Secretary best 
        practices and recommendations regarding the issues described in 
        clauses (i) through (vi) of paragraph (1)(A).
            (3) Subcommittees.--The Committee may establish any 
        subcommittees necessary to carry out the duties of the 
        Committee.
    (f) Report to Congress.--Not later than 180 days after receiving 
any recommendations from the Committee under subsection (e)(2), the 
Secretary shall submit to the relevant committees of Congress a report 
describing those recommendations.
    (g) Federal Advisory Committee Act.--Except as otherwise provided 
in this section, the Federal Advisory Committee Act (5 U.S.C. App.) 
shall apply to the Committee and each subcommittee of the Committee.
    (h) Detail of Federal Employees.--
            (1) In general.--On request of the Committee, the Secretary 
        may detail, with or without reimbursement, any of the personnel 
        of the Department of the Interior or, in consultation with the 
        Secretary of Transportation, the Department of Transportation, 
        to the Committee to assist the Committee in carrying out the 
        duties of the Committee.
            (2) Civil service status.--Any detail of a Federal employee 
        under paragraph (1) shall not interrupt or otherwise affect the 
        civil service status or privileges of the Federal employee 
        being detailed.
    (i) Payment and Expenses.--
            (1) Compensation.--Members of the Committee shall serve 
        without pay.
            (2) Travel expenses.--Each member of the Committee shall 
        receive, for a meeting called by the Secretary, travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
    (j) Termination.--The Committee, including subcommittees of the 
Committee, shall terminate on the date that is 10 years after the date 
of enactment of this Act.
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